#2017-30 509 Nash – Variation Project Review for Planning and Zoning Commission

Meeting Date: October 4, 2017

Request: Construction of a sunroom addition on the Everett Avenue side of the , a variation of 7.75 feet into the 40.75-foot average front- yard setback.

Location: 509 Nash Road

Acreage: approximately 7,750 square feet

Existing Zoning: R-2 Single Family

Surrounding Properties: North: R-2 Single Family South: R-2 Single Family East: R-2 Single Family West: R-2 Single Family

Staff Contact: Elizabeth Maxwell (815.356.3615) ______

Background:  The property contains an existing single-family residence. The home is positioned so the front faces Nash Road, but is defined as the narrowest street side of the lot, causing Everett Avenue to be considered the front yard.  Established residential neighborhoods with varying setbacks have a front yard setback that is determined by the average of the within 400 feet, provided the setback varies more than 10 feet from the required district setback. The average setback was determined to be 40.75 feet.  The proposed addition would extend 12 feet into the front yard setback from Everett Avenue.

Development Analysis: General  Request: Variation to allow the construction of a sunroom off the side of the , which is considered the front yard, 7.75 feet into the front yard setback.  Land Use: The land use map shows the area as Urban Residential. This land use designation is appropriate for this use. 509 Nash October 4, 2017 Simplified Residential Variation

 Zoning: The site is zoned R-2 Single Family. This property is used as a single-family home.

Comprehensive Land Use Plan 2020 Vision Summary Review: The Comprehensive Plan designates the subject property as Urban Residential, which allows for existing and future single-family residential uses. The following goal is applicable to this request:

Land Use - Residential

Goal: Encourage a diversity of high quality housing in appropriate locations throughout the city that supports a variety of lifestyles and invigorates community character.

This can be accomplished with the following supporting action:

Supporting Action: Preserve and enhance the character and livability of existing residential area with architectural and development guidelines.

Housing – Single Family Housing

Goal: Promote strong neighborhoods by preserving their character and historical significance and ensuring that they are well serviced by a variety of community facilities and services.

This can be accomplished with the following supporting action:

Supporting Action: Preserve the unique character of existing neighborhoods.

Findings of Fact: ZONING ORDINANCE VARIATION The petitioner is requesting a variation from Article 3-300 B3. Front yard setback to allow a 7.75-foot encroachment to allow the construction of a sunroom.

The Unified Development Ordinance lists specific standards for the review and approval of a variation. The granting of a variation rests upon the applicant proving practical difficulty or hardship caused by the Ordinance requirements as they relate to the property. To be considered a zoning hardship, the specific zoning requirements; setbacks, lot width and lot area must create a unique situation on this property. It is the responsibility of the petitioner to prove hardship at the Planning and Zoning Commission public hearing.

Standards When evidence in a specific case shows conclusively that literal enforcement of any provision of this Ordinance would result in a practical difficulty or particular hardship because: a. The plight of the property owner is due to unique circumstances, such as, unusual surroundings or conditions of the property involved, or by reason of exceptional

2 509 Nash October 4, 2017 Simplified Residential Variation

narrowness, shallowness or shape of a zoning lot, or because of unique topography, or underground conditions. Meets Does not meet

b. Also, that the variation, if granted, will not alter the essential character of the locality. Meets Does not meet

For the purposes of supplementing the above standards, the Commission may take into consideration the extent to which the following facts favorable to the application have been established by the evidence presented at the public hearing:

a. That the conditions upon which the application for variation is based would not be applicable generally to other property within the same zoning classification; Meets Does not meet

b. That the alleged difficulty or hardship has not been created by any person presently having interest in the property; Meets Does not meet

c. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or Meets Does not meet

d. That the proposed variation will not impair an adequate supply of light or air to adjacent property, will not unreasonably diminish or impair the property values of adjacent property, will not unreasonably increase congestion in the public streets, substantially increase the danger of fire or otherwise endanger public safety. Meets Does not meet

Where the evidence is not found to justify such conditions, that fact shall be reported to the City Council with a recommendation that the variation be denied.

Recommended Conditions: If a motion to recommend approval of the petitioner’s request is made, the following conditions are recommended:

1. Approved plans, reflecting staff and advisory board recommendations, as approved by the City Council: A. Application (Wilson, received 09/08/17) B. Plat of Survey (Unnamed, undated, received 09/08/17)

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C. Site Drawing Sketch (Cortese, received 09/08/17)

2. The addition shall match the architectural style of the home. Petitioner to provide architectural plans for review and approval.

3. The petitioner shall address all of the review comments and requirements of Community Development Department.

4 2017‐30 Wilson – 509 Nash Road